Excepted and reserved matters

10Civil Service Commissioners for Northern Ireland

(1)

In paragraph 21 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters), after “Northern Ireland Constitution Act 1973” insert “ , other than section 36(1)(c), ”.

(2)

In paragraph 16 of Schedule 3 to that Act (reserved matters), omit “functions and procedures of the”.

(3)

Section 4 of that Act (transferred, excepted and reserved matters) is amended as follows.

(4)

In subsection (2), for “and (3)” substitute “ to (3D) ”.

(5)

After subsection (3) insert—

“(3A)

The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending paragraph 16 of Schedule 3 (Civil Service Commissioners for Northern Ireland) unless the Secretary of State has, at least three months before laying the draft, laid a report before Parliament.

(3B)

The report under subsection (3A) must set out the Secretary of State's view of the effect (if any) that the Order would have on—

(a)

the independence of the Civil Service Commissioners for Northern Ireland;

(b)

the application of the principle that persons should be selected for appointment to the Northern Ireland Civil Service on merit on the basis of fair and open competition; and

(c)

the impartiality of the Northern Ireland Civil Service.”

11Northern Ireland Human Rights Commission

(1)

In paragraph 22 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters), for sub-paragraph (f) substitute—

“(f)

in Part VII, sections 69B, 71(1) and (2) and (3) to (5), 74(5) and (6), 76 and 78;”.

(2)

In paragraph 42 of Schedule 3 to that Act (reserved matters), after sub-paragraph (a) insert—

“(aa)

in Part VII, sections 68 to 69A, 69C to 70, 71(2A) to (2C) and Schedule 7;”.

(3)

In section 4 of that Act (transferred, excepted and reserved matters), after subsection (3B) (as inserted by section 10) insert—

“(3C)

The Secretary of State shall not lay before Parliament under subsection (2) the draft of an Order amending paragraph 42(aa) of Schedule 3 (Northern Ireland Human Rights Commission) unless the Secretary of State has, at least three months before laying the draft, laid a report before Parliament.

(3D)

The report under subsection (3C) must set out the Secretary of State's view of the effect (if any) that the Order would have on—

(a)

the independence of the Northern Ireland Human Rights Commission;

(b)

the application of internationally accepted principles relating to national human rights institutions; and

(c)

the relationship between the Northern Ireland Human Rights Commission and the Assembly.”

12District electoral areas for council elections

(1)

In paragraph 12 of Schedule 2 to the Northern Ireland Act 1998 (excepted matters), the existing provision becomes sub-paragraph (1) and after that sub-paragraph insert—

“(2)

This paragraph does not apply to—

(a)

the division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts,

(b)

the determination of the names of district electoral areas, or

(c)

the determination of the number of councillors to be elected for a district electoral area or a local government district.”

(2)

After paragraph 41 of Schedule 3 to that Act (reserved matters) insert—

“41A

(1)

The division of local government districts into areas (“district electoral areas”) for the purposes of elections to the councils of those districts.

(2)

The determination of the names of district electoral areas.

(3)

The determination of the number of councillors to be elected for a district electoral area or a local government district.”